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Competition

  • June 20, 2025

    Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class

    Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.

  • June 20, 2025

    Energy Data Co. Can't Shut Off Info Supply To Rival

    The Competition Appeal Tribunal has blocked an energy data supplier from suspending its services to a competitor following an allegation that the move is an abuse of its de facto monopoly over U.K. meter usage data.

  • June 20, 2025

    Nose Spray Co. Sues FTC Over Substantiation Requirement

    Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.

  • June 20, 2025

    Taxation With Representation: Latham, Paul Weiss, Covington

    In this week's Taxation With Representation, Nippon Steel closes its purchase of U.S. Steel, Hunter Point Capital buys a minority stake in Equitix, Eaton acquires Ultra PCS Ltd. from the Cobham Ultra Group, and Eli Lilly and Co. acquires Verve Therapeutics.

  • June 19, 2025

    Google Suffers Setback In Bid To Overturn €4B Antitrust Fine

    Google suffered a blow in its bid to overturn to a €4.1 billion ($4.7 billion) antitrust fine on Thursday when an adviser to Europe's top court said it had failed to present proper legal grounds to challenge the penalty for unlawful market abuse using its mobile phone operating system.

  • June 18, 2025

    Tesla Says Justices Shouldn't Wait On La. Auto Sales Law

    Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.

  • June 18, 2025

    DC Judge Delves Into Facts Of Long-Running Price-Fix MDL

    A D.C. federal judge spent four hours Wednesday morning trying to sort out the facts in sprawling, long-running multidistrict litigation accusing the country's four largest railroad companies of fixing fuel surcharge prices, so that she can tackle summary judgment.

  • June 18, 2025

    NC Panel Rejects HCA Unit's Appeal Over Rival Project Award

    A North Carolina appeals court on Wednesday rejected an HCA Healthcare subsidiary's challenge to an award of a certificate of need allowing a rival to build a new acute care facility, backing a decision in favor of the state health department behind the award.

  • June 18, 2025

    Nurse Staffing Exec Can't Nix Conviction, Sanctions Floated

    A Nevada federal court has refused a nurse staffing executive's bid to undo his conviction on wage-fixing and wire fraud charges, and threatened his attorneys with sanctions for allegedly making repeated misrepresentations to the court.

  • June 18, 2025

    Ex-Drug Exec Must Testify, But Keeps 5th Amendment Rights

    Sandoz, Teva, Actavis and Taro can again subpoena the deposition testimony of a former Actavis and Teva executive, but a Pennsylvania federal judge is still allowing the witness to invoke his Fifth Amendment rights against self-incrimination, even though the Justice Department dropped the criminal charges against him.

  • June 18, 2025

    Judge Warns Overeager Samsung, ZTE Attys Not To Bug Staff

    A California federal judge has issued a short, stern warning to counsel in Samsung's antitrust fight against ZTE over its standard essential patents' licensing practices, telling counsel not to contact court staff again about the status of their pending stipulation and noting "future improper communications to court staff may result in sanctions."

  • June 18, 2025

    FTC, Amazon Trade Blows Over Attempts To End Prime Case

    The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.

  • June 18, 2025

    Opt-Out 'Oversight' May Not Excuse Burford In Price-Fix Deal

    An Illinois federal judge considering a $32 million price-fixing settlement between turkey producer Cargill and a group of direct purchasers seemed skeptical Wednesday of two Burford Capitol subsidiaries' assertion that they should be considered excluded from the deal despite submitting their opt-out request a day late.

  • June 18, 2025

    Tenn. School Sues Vet Group Over Accreditation Rules

    Lincoln Memorial University filed a lawsuit in Tennessee federal court on Wednesday accusing a trade association for veterinarians of restricting competition for veterinary schools and vet services with burdensome accreditation requirements.

  • June 18, 2025

    Judge Skeptical That Assa Abloy Needn't Extend Supply Deal

    A D.C. federal judge suggested Tuesday that Assa Abloy faces an uphill fight resisting efforts by its divestiture buyer to extend a supply agreement inked as part of an asset sale deal resolving a U.S. Department of Justice merger lawsuit.

  • June 18, 2025

    Colo. Judge Trims REIT's Antitrust MDL Coverage Dispute

    A Colorado federal court trimmed a real estate investment trust's suit seeking coverage for antitrust multidistrict litigation, saying the trust's statutory bad faith claim under Colorado law could not proceed because of a New York choice-of-law provision in its primary policy.

  • June 18, 2025

    Tenn. Basketball Player Taking Extra Season Bid To 6th Circ.

    College basketball player Zakai Zeigler will take his attempt to play a fifth season at the University of Tennessee to the Sixth Circuit, after filing a notice on Wednesday appealing a Tennessee federal judge's denial of a temporary injunction against the NCAA and its "four-season" eligibility rule.

  • June 18, 2025

    DOJ Defends Using Written Depos In HPE-Juniper Merger Trial

    The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.

  • June 18, 2025

    NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'

    A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.

  • June 18, 2025

    Senate Adds Full 5-Year Term For New FCC Commissioner

    The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.

  • June 18, 2025

    Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms

    Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.

  • June 18, 2025

    PE Firm's £570M Buy Of Tech Biz Clears US Antitrust Check

    U.S. private equity firm TA Associates said Wednesday that the U.S. antitrust authorities have not objected to its approximately £570 million ($756 million) cash acquisition of British tech businesses FD Technologies PLC.

  • June 17, 2025

    La. Law Will Make Tesla Sales Less Onerous, Justices Told

    Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.

  • June 17, 2025

    Judge Warns No 'Real Winner' If NASCAR Case Goes To Trial

    A North Carolina federal judge on Tuesday joined a chorus of jurists urging NASCAR and two of its teams to seek a resolution of their competing antitrust claims outside court, cautioning that neither side will emerge victorious if the case makes it to trial in December.

  • June 17, 2025

    Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit

    Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.

Expert Analysis

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

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    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • How 2025 Is Shaping The Future Of Bank Mergers So Far

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    Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • China High Court Ruling Could Encourage Antitrust Litigation

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    Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Navigating The Growing Thicket Of 'Right To Repair' Laws

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    An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Preparing For Disruptions To Life Sciences Supply Chains

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    Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.

  • A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal

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    The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

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    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

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